Evidence was sufficient to convict a defendant of attempting to remove a firearm from a police officer in violation of O.C.G.A. Evidence adduced at trial authorized any rational trier of fact to find the defendant guilty beyond a reasonable doubt of felony obstruction of law enforcement officers in violation of O.C.G.A. Misdemeanor obstruction of a law enforcement officer conviction was supported by sufficient evidence because: (1) defendant refused to cooperate when officers requested a pat down; (2) the officer then told defendant that defendant was under arrest for obstruction and ordered the defendant to turn around and place defendant's hands behind defendant's back; (3) defendant turned around, but did not follow the officer's instructions, choosing instead to grab a rail on top of the van; (4) defendant continued to hold on to the rail despite the officers' several requests for the defendant to place defendant's hands behind defendant's back; (5) the officer attempted to physically place defendant's hands behind defendant's back but could not do so because defendant continued to resist by keeping defendant's hands on the rail; and (6) a second officer showed defendant a can of pepper spray and, eventually, used the pepper spray on defendant, which caused defendant to chase the officer, and punch the officer. 16-10-24(a) because defendant cursed at police when police arrived at the restaurant where defendant had been asked to leave, defendant laid on the floor of the restaurant and did not heed the officer's request to stand up, and continued to physically resist the officers as the officers handcuffed and arrested defendant. 520, 600 S.E.2d 637 (2004). Solomon Lee Hill Robbery by Snatching, Simple Battery. WebWhoever knowingly and willfully resists, obstructs, or opposes any officer as defined in s. 943.10 (1), (2), (3), (6), (7), (8), or (9); member of the Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission; parole and probation supervisor; county probation officer; personnel or representative of Causing harm to or intimidating a juror, witness, or member of law enforcement. Wilson v. State, 270 Ga. App. 16-10-24(a) was supported by sufficient evidence because the evidence showed that defendant fled after police officers ordered defendant to halt, and flight after a lawful command to halt constitutes obstruction of an officer. Sentencing Guidelines Manual 2K2.1(b)(6)(B) enhancement was proper as the defendant concealed a gun in the defendant's pants during the police encounter, and attempted to reach for the gun when the gun fell; the offense was "in connection with" another felony offense as the possession had a potential to facilitate obstruction of an officer with violence under O.C.G.A. - Although the arresting officer was not in uniform or driving a marked car, evidence that the officer wore a badge on the officer's belt and told defendant the officer was conducting an investigation was sufficient to show that defendant knew the person was a law enforcement officer. - When police officers had probable cause to arrest the defendant for simple assault, the fact that the defendant was ultimately acquitted of the simple assault did not invalidate the arrest or the defendant's charge and conviction for felony obstruction of law enforcement officers in violation of O.C.G.A. 24-6-609) because the violation was a felony punishable by imprisonment for not less than one nor more than five years. Testimony from an eyewitness at the scene that the eyewitness heard suspicious noises in the adjacent government offices, which were closed for business for the day, then saw defendant flee from police while removing items from defendant's pocket, when coupled with the discovery of 169 quarters which were found in the immediate vicinity of the tree where defendant was apprehended, the presence of tools at the crime scene, visible pry marks on the door which defendant attempted to open, and the destroyed gum ball machines, authorized the jury to infer that although defendant did not have the tools in defendant's possession, defendant used them to break into the offices, steal the money from the destroyed machines, and attempt to flee the police and avoid apprehension; thus, defendant's convictions for burglary, possession of tools for the commission of a crime, interference with government property, and obstruction of an officer were all affirmed. - Whether actions hinder or impede officers in carrying out assigned duties is for jury determination. Willful= means to do it and the person has no defense to prove otherwise (i.e abnormality of mind or insanity or accident) Unlawful= the willful act is in breach (breaks) a denied, 510 U.S. 950, 114 S. Ct. 396, 126 L. Ed. - Evidence was sufficient to support a conviction of misdemeanor obstruction of a law enforcement officer because, when officers came to defendant's home to execute an arrest warrant on a third party, defendant tried to shut the door, but officers pushed the door open, forcing defendant into the front room, where defendant yelled at the officers, stood face-to-face with one officer while yelling, pointed a finger in the face of another officer, and defendant also blocked a hallway, forcing officers to move defendant to the side so that they could search the rest of the home and defendant was told several times to sit down and remain in one place, but was uncooperative. In the Interest of A. 40, 692 S.E.2d 708 (2010). denied, No. Kelley v. State, 171 Ga. App. Turner v. State, 274 Ga. App. 468, 436 S.E.2d 676 (1993); Onwuzuruoha v. State, 217 Ga. App. 16-10-24. Bradley v. State, 298 Ga. App. Jarvis v. State, 294 Ga. App. 848, 663 S.E.2d 274 (2008); Diaz v. State, 296 Ga. App. 589, 676 S.E.2d 252 (2009); Mathis v. State, Ga. App. Officers may be immune from suit, even though an individual feels he or she was mistreated. 209, 422 S.E.2d 15, cert. Further, there was no arguable probable cause to arrest the plaintiff. You're all set! Draper v. Reynolds, 369 F.3d 1270 (11th Cir. 843.06. 408, 448 S.E.2d 219 (1994); Williams v. State, 214 Ga. App. Overand v. State, 240 Ga. App. Obstruction of a Law Enforcement Officer can be charged as a misdemeanor or as felony. Lepone-Dempsey v. Carroll County Comm'Rs, F.3d (11th Cir. 2008), cert. Webct.8 : willful obstruction of law enforcement officers - misdemeanor ct.9 : open container ct.11 : receipt, possession or transfer of firearm by convicted felon or felony first offender hughes joseph theron brown no show - issue bw per judge thompson - hughes @ prison - continued 3/9 - layne swanson, ccr brown karen cliett gabe t. Reddick v. State, 298 Ga. App. 24-6-609) for impeachment with a conviction, and no other evidence was presented which prohibited the conviction. Evidence was sufficient to convict the defendant of misdemeanor obstruction of a law enforcement officer because, by resisting the officers as the officers performed the officers' duty of investigating the domestic disturbance call, the defendant obstructed or hindered the officers. Reynolds v. State, 280 Ga. App. 16-10-20 could only be considered a misdemeanor, because the acts alleged met the definition of misdemeanor obstruction of a police officer, as both O.C.G.A. Phillips v. State, 267 Ga. App. Officer's testimony that the defendant's heel grazed from the officer's knee cap down the officer's leg to the ankle, leaving a red mark and causing the officer's leg to sting, supported the defendant's conviction for obstruction of a law enforcement officer. - Because the defendant decided to pursue an "all or nothing" defense, the trial court did not err in making the decision to not charge the jury on misdemeanor obstruction, sua sponte, as such would have undermined that defense. 772, 792 S.E.2d 732 (2016), overruled on other grounds by Collier v. State, 834 S.E.2d 769, 2019 Ga. LEXIS 708 (Ga. 2019). 301, 702 S.E.2d 211 (2010). The officers' detention of the defendant was a second-tier encounter because the officers had an articulable suspicion of criminal activity based on the defendant's matching the description and being in the area of an armed robbery; therefore, the defendant was not free to leave the encounter as the defendant did. 475, 623 S.E.2d 686 (2005). 681, 747 S.E.2d 688 (2013); Harper v. State, 337 Ga. App. Evidence that police responded to a home to investigate a crime after speaking to an injured man, that the officer saw the defendant standing with the defendant's hands concealed in a baggy jacket and instructed the defendant, whom the officer thought might be armed, to display the defendant's hands, and that the defendant failed to comply and attacked the officer supported the defendant's conviction for felony obstruction of an officer. 16-10-24(a) and qualified immunity entitled the officer to summary judgment on an illegal arrest claim. Meeker v. State, 282 Ga. App. This evidence was sufficient to support the defendant's conviction of misdemeanor obstruction of an officer, O.C.G.A. 617, 647 S.E.2d 598 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). GA Code 16-10-24 (2015) Tisdale v. State, 354 Ga. App. 386, 714 S.E.2d 31 (2011). LEXIS 2351 (11th Cir. Therefore, the defendant's claim that the defendant was entitled to a directed verdict on charges of misdemeanor obstruction of an officer because the defendant was resisting an unlawful arrest was without merit. Johnson v. State, 330 Ga. App. Evidence was sufficient to support the defendant's conviction for felony obstruction of an officer because the record showed that the defendant pushed the officer and that the officer suffered scratches on a hand and knee as a result. 249, 635 S.E.2d 853 (2006). Disclaimer: These codes may not be the most recent version. 39, 443 S.E.2d 869 (1994); Norman v. State, 214 Ga. App. - Given evidence that the defendant: (1) knowingly provided the officer with a false name and date of birth; (2) failed to provide written identification when asked to do so; and (3) refused to respond when the police repeatedly knocked and telephoned, the defendant's obstruction conviction, and hence, the denial of a directed verdict of acquittal, were supported by the facts. 401, To establish a crime under the [disclosure to a] law enforcement officer section of the Act, the 642, 725 S.E.2d 777 (2012); Taylor v. State, 319 Ga. App. Further, the defendant had not been made aware that the defendant was going to be arrested for the robbery being investigated by the deputy. Ga. 2013). Williams v. State, 192 Ga. App. Sufficient evidence supported the defendant's conviction for obstruction and fleeing because the evidence showed that both deputies were in uniform and driving marked patrol vehicles when the deputies ordered the defendant to stop and the defendant ignored those commands while the deputies were attempting to conduct, with justification, at the very least a second-tier detention of the defendant. 749, 637 S.E.2d 128 (2006). denied, 568 U.S. 956, 133 S. Ct. 460, 184 L. Ed. In a case involving charges of obstruction of an officer and attempting to elude, a motion for directed verdict was properly denied where the officer was investigating the defendant for driving under the influence and the defendant did not respond to the officer's orders and forced the officer to get a warrant to effectuate an arrest. Ga. 1991), cited below, see 43 Mercer L. Rev. 12, 739 S.E.2d 32 (2013). There was sufficient evidence that the defendant, a juvenile, had done acts that would constitute misdemeanor obstruction of a law enforcement officer under O.C.G.A. - Former Code 1933, 26-2505 (see now O.C.G.A. of 184, 663 S.E.2d 809 (2008). 516, 471 S.E.2d 576 (1996); Harris v. State, 222 Ga. App. Wilcox v. State, 300 Ga. App. 16-10-24(b) as the jury could have found that the conduct did not rise to the level of "offering and/or doing violence" to the officer's person. 537, 566 S.E.2d 349 (2002); Zachery v. State, 257 Ga. App. 16-10-24(a). WebObstructing a Law Enforcement Officer is a Gross Misdemeanor, punishable by up to 364 days in jail and/or a $5000 fine. 16-10-24 and16-11-43 after the defendant placed a barricade across a roadway, refused to move the barricade when ordered to do so, and then, after the officer moved the barricade, replaced the barricade after being told by the officer not to do so. Helton v. State, 284 Ga. App. - Jury could find that refusal to provide identification to officer might hinder execution of duties. Given the evidence of the defendant's effort to resist law enforcement officers, which hindered the officers in carrying out the officers' duties, the defendant's misdemeanor obstruction of a law enforcement officer convictions were upheld on appeal as supported by sufficient evidence. Willful obstruction of a police officer means doing any act which makes it more difficult for the officer to carry out their lawful duty e.g. United States v. Linker, F.3d (11th Cir. S06C2099, 2007 Ga. LEXIS 215 (Ga. 2007). Lammerding v. State, 255 Ga. App. 352, 373 S.E.2d 58 (1988). 689, 423 S.E.2d 427 (1992). He was convicted as charged on Sept. 29, 2016, following a three-day jury trial. Williams v. State, 261 Ga. App. Recent arrests around the county. 326, 672 S.E.2d. WebIf you are convicted, you will face one to five years in prison. Obstruction of justice means interfering with law enforcement officers when a person assaults, batters, wounds, resists, obstructs, opposes, or endangers an officer while performing their lawful duties. Evidence was sufficient to support the jury's finding that the defendant was guilty of the charge of misdemeanor obstruction of a law enforcement officer beyond a reasonable doubt because the officer who first encountered the defendant had a reasonable articulable suspicion to detain the defendant based on a9-1-1 call and dispatch, and when the officer requested that the defendant place the defendant's hands on the officer's vehicle in order to allow the officer to conduct a weapons pat-down, the defendant fled. There was sufficient evidence to support convictions for felony obstruction of a law enforcement officer; disobeying the officer's lawful commands to wait and to back off constituted a misdemeanor violation under O.C.G.A. You can explore additional available newsletters here. 66, 653 S.E.2d 358 (2007). 190, 645 S.E.2d 676 (2007). What is the punishment for obstructing a police officer? It is difficult to guess at the type of punishment a person could receive for obstructing a police officer. In some cases, a person may be given a criminal record, placed on probation or given a fine. In more serious cases, or where the person has related criminal history, the punishment Brown v. State, 293 Ga. App. 16-11-37(a). 539, 571 S.E.2d 529 (2002); Penland v. State, 258 Ga. App. 27, 656 S.E.2d 161 (2007). 497, 474 S.E.2d 708 (1996); Stewart v. State, 243 Ga. App. 694, 589 S.E.2d 269 (2003); Bounds v. State, 264 Ga. App. 73, 498 S.E.2d 552 (1998). Gille v. State, 351 Ga. App. 59, 467 S.E.2d 368 (1996). 2d (N.D. Ga. Mar. 761, 669 S.E.2d 735 (2008). 2d (N.D. Ga. Dec. 12, 2005). - As a defendant offered to do violence to police officers when the defendant threatened to kill the officers while being searched, the evidence was sufficient to find the defendant guilty of felony obstruction of an officer. WebBut McLemore was arrested on suspicion of obstruction of a law enforcement officer for failing to open his home to police. Criminal liability for obstructing process as affected by invalidity or irregularity of the process, 10 A.L.R.3d 1146. - Because defendant was convicted of a traffic offense and given an alternative sentence of a fine or jail term, defendant was not justified in resisting an officer's attempts to jail the defendant after defendant refused to pay the fine. McCook v. State, 145 Ga. App. Hunter v. State, 4 Ga. App. 1290. Williams v. State, 301 Ga. App. - Defendant's motion to suppress suspected cocaine was properly granted as: (1) police officers lacked probable cause to arrest the defendant for obstruction of justice upon the defendant's flight; (2) an initial uncoercive encounter with the police did not constitute a seizure, and the defendant was free to leave at any time; and (3) the record was devoid of any evidence about the details of an anonymous tip that the defendant was seen selling drugs in the area of the encounter; moreover, given the tip's lack of detail and failure to predict future behavior, observation of the defendant's conduct might have warranted further investigation, but it did not rise to the level of reasonable suspicion needed to briefly detain or even arrest. 16-10-24(a) in that defendant knowingly and willfully obstructed or hindered the officer in the lawful discharge of the officer's duties by refusing to follow the officer's reasonable and lawful commands, the offenses as charged in the case were not mutually exclusive as the offenses had different elements and neither guilty verdict legally or logically excluded the other. 544, 623 S.E.2d 725 (2005). Davis v. State, 263 Ga. 5, 426 S.E.2d 844, cert. 778, 673 S.E.2d 286 (2009). 16-10-24, and there was no evidence to support such a charge in law or in fact, the trial court did not err in refusing to deny defendant's request to give a charge thereon. When the evidence established that the officer never had the opportunity to turn on the officer's emergency lights or siren when following defendant's vehicle, to issue a verbal command within earshot of defendant, or otherwise to communicate a command for defendant to halt, there was insufficient evidence to support a conviction for obstruction of an officer. 16-10-24, were supported by sufficient evidence as the evidence indicated that defendant was involved in an altercation with jail detention officers in which an officer was physically injured. 16-10-24(b), and because the two defined crimes did not address the same criminal conduct, there was no ambiguity created by different punishments being set forth for the same crime and the rule of lenity did not apply. Green v. State, 339 Ga. App. 218, 507 S.E.2d 13 (1998); Pinchon v. State, 237 Ga. App. Maintenance of records by Georgia Crime Information Center regarding violations of O.C.G.A. 263, 793 S.E.2d 156 (2016). 113, 335 S.E.2d 622 (1985). Bates v. Harvey, 518 F.3d 1233 (11th Cir. 16-4-1 and16-10-24(a) and therefore, the seizure of defendant's person was not illegal, and the evidence gathered as a result of the seizure was not suppressed. 479, 657 S.E.2d 531 (2008), cert. 847, 673 S.E.2d 321 (2009). WebObstructing or hindering law enforcement officers; penalty. 16-10-24. 247, 630 S.E.2d 847 (2006). Obstruction can be treated as either a felony or a Feb. 23, 2011)(Unpublished). McMullen v. State, 325 Ga. App. 799, 643 S.E.2d 262 (2007); Grant v. State, 289 Ga. App. WebThe 2022 Florida Statutes (including Special Session A) 316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding..
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